Supreme Court Alert [March 8, 2010]

Posted on March 8, 2010 by Kendall Gray

The Supreme Court released an opinion of interest to civil practitioners today, in particular attorneys who provide bankruptcy counseling.

In Milavetz, Gallop & Milavetz  v. United States, the Court held that such bankruptcy professionals are “debt relief agenc[ies]” under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and must comply with the act's disclosure requirements as well as its prohibitions on counseling a person to "load up" with debt in advance of filing for bankruptcy protection.  

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